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Two key opposition leaders — AIMIM chief Asaduddin Owaisi and Congress MP Mohammad Jawed — have filed petitions in the Supreme Court challenging the constitutional validity of the recently passed Waqf (Amendment) Act, 2025. Their plea comes just hours after the bill was passed in both Houses of Parliament following intense debates.
Why the Waqf Bill Faces Legal Pushback
Hyderabad MP Owaisi described the law as “manifestly arbitrary” and claimed it discriminates on religious grounds, violating constitutional rights granted under Articles 14, 15, 25, and 26. He further argued that it infringes upon the Muslim community’s right to manage its own religious institutions.
Owaisi’s petition stated that the new law violates the Shariat Act, stripping Muslims of the autonomy they have historically held over Waqf properties.
Concerns Raised by the Opposition
The Waqf Amendment Bill was debated extensively in both Lok Sabha and Rajya Sabha, with over 12 hours of discussion. Despite this, the Joint Parliamentary Committee (JPC) set up to review the bill was accused of ignoring key objections from the opposition.
Congress MP Mohammad Jawed joined Owaisi in raising constitutional concerns, stating the bill dilutes protections granted to minority communities and expands state control over religious trusts.
Clause Challenged: Five-Year Rule for Creating Waqf
One of the most contentious provisions mandates that only practising Muslims for at least five years can create a Waqf. Owaisi contended that this violates Sections 3 and 4 of the Muslim Personal Law (Shariat) Application Act, 1937, as well as Article 300A, which protects the right to property.
He argued that this clause discriminates against recent converts, preventing them from donating their property as Waqf immediately after conversion, thereby restricting their religious freedom.
Wider Implications Ahead of Elections
Legal experts suggest that the case could have significant political and constitutional implications, especially with upcoming elections in key states. The bill’s critics argue it marks a departure from India's commitment to secularism and minority rights.
